§ 8-1-2.6-2 — Rules and orders of the commission; notice and hearing; underlying policies; determination of public interest

Indiana § 8-1-2.6-2

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2.6: Competition in the Provision of Telephone Services

Text

(a) This section applies to rules and orders that:
(1) concern telecommunications service or providers of
telecommunications service; and
(2) may be adopted or issued by the commission under the
authority of state or federal law.
(b) Rules and orders described in this section:
(1) may be adopted or issued only after notice and hearing,
unless:
(A) the commission determines in accordance with IC 8-1-2-113 that an emergency exists that requires the
commission or a provider to take immediate action to:
(i) prevent injury to the business or interests of the citizens of
Indiana; or
(ii) maintain a provider's financial integrity and ability to
provide adequate basic telecommunications service;
(B) the commission is authorized under IC 8-1-2 to adopt a
particular rule or issue a particular order without the necessity
of a hearing; or
(C) after receiving notice of the commission's proposed action,
all parties to a proceeding consent to the commission taking
action without a hearing; and
(2) must be:
(A) consistent with this chapter; and
(B) in the public interest, as determined by the commission
under subsection (d).
(c) Rules and orders described in this section must promote one (1)
or more of the following:
(1) Cost minimization for providers to the extent that a provider's
quality of service and facilities are not diminished.
(2) A more accurate evaluation by the commission of a provider's
physical or financial conditions or needs as well as a less costly
regulatory procedure for either the provider, the provider's
customers, or the commission.
(3) Consumer access to affordable basic telecommunications
service.
(4) Development of depreciation guidelines and procedures that
recognize technological obsolescence.
(5) Increased provider management efficiency beneficial to
customers.
(6) Regulation consistent with a competitive environment.
(d) In determining whether the public interest will be served, as
required under subsection (b), the commission shall consider:
(1) whether technological change, competitive forces, or
regulation by other state and federal regulatory bodies render the
exercise of jurisdiction by the commission unnecessary or
wasteful;
(2) whether the exercise of commission jurisdiction produces
tangible benefits to the customers of providers; and
(3) whether the exercise of commission jurisdiction inhibits a
regulated entity from competing with unregulated providers of
functionally similar telecommunications services or equipment.

Legislative History

As added by P.L.92-1985, SEC.1. Amended by P.L.27-2006, SEC.19; P.L.107-2014, SEC.2.